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Availability Of A New York Class Action For Railroad Commuters: David V. Goliath, Maura E. O'Sullivan

Fordham Urban Law Journal

A class action brought under the New York statute (modeled after Federal Rule 23 of Civil Procedure) is an appropriate procedural device for remedying the continual breaches of the commuter carriage contract. In Pennsylvania Railroad Co. v. Puritan Coal Mining Co., the Supreme Court held that the common law mandates that common carriers treat passengers reasonably. Additionally, in the contract carriage, the carrier impliedly guarantees that the vehicle is in sound and proper order. Individual suits, unfortunately, have little effect on the actions of the common carriers; only nominal damages have been awarded in commuter actions against railroads for equipment …